A group of residents on the Takhini Hot Springs Road have filed a statement of claim in the Yukon Supreme Court.

The Hot Springs Road Development Area Residents Association (HRDARA) is suing the Yukon government over a plan for Takhini Hot Springs Ltd. to build nine new houses on a 10-hectare plot of land adjacent to their properties.

Brian Farrell, president of the HRDARA, said in an interview today a maximum of two residences can be built on a lot in that area.

According to the local area plan (developed in 2002), a number of community consultations must take place before such a change can be made. Farrell said none of those consultations occurred.

Likewise, he said no consultations were held in advance of a 2012 decision to allow Garry Umbrich, president of Takhini Hot Springs Ltd., to subdivide a number of lots in the area.

Umbrich told the Star today he only found out about the lawsuit on Monday.

He said he wasn’t surprised by it (he knew some of his neighbours opposed the development), but also said he isn’t overly concerned.

“We have a hard time trying to understand how that petition could impact our plans because we have a legally binding contract,” he said.

“As far as we understand, we have been very careful in trying to make sure we follow every regulation and every law that applies to us.”

Because Umbrich owns multiple adjacent lots, it was possible to transfer residence allowances from those lots to a single lot.

Umbrich said he has talked to neighbours about his plans.

“What we’ve committed to do is go and talk to (neighbours) and discuss issues they have with where we are siting the buildings,” he said.

“We’re not obligated to do this but we’re happy to do it. They are our neighbours and we live in a neighbourhood.”

Ultimately, Umbrich said, the decision is his, but he wants to work with people where he can because he understands their concerns.

Change can be tough, he said, particularly when you don’t know what it will look like. (Evergreen Homes & Construction, which is building the houses, hasn’t released plans yet.)

Still, he said, there are rules and regulations in place, banning things such as buildings over 10 metres high, keeping consistent green metal roofing, and prohibiting vinyl siding on houses.

Umbrich also said his houses will be built 40 metres back from the neighbouring property line, which will leave a buffer of untouched forest between his buildings and his seven neighbours.

According to Farrell, residents are less concerned with what the houses will look like than they are with the fact that the decision didn’t go through the proper channels.

He said they’re not anti-development stance, and he said he understands court isn’t always the best route to go, but they don’t know what else to do.

“At this point, we feel a little bit blindsided,” he said.

“Having the residential development being moved hither and whither and, as I say, nine dwellings on one parcel.

“There’s no closure on it in terms of what kind of Pandora’s box it may open down the road.”

The government has a 45-day window to respond to the case.

It has long said it does not comment on matters before the courts.